Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law authorizes the department to impose reservoir restrictions and to levy property liens on an owner of a dam who fails to comply with certain provisions relating to dam safety or any approval, order, rule, regulation, or requirement of the department.

This bill would require the department to post, and update annually, on its Internet Web site a report containing the name of each reservoir subject to a restriction and the reservoirs associated downstream hazard potential classification, the effective date of the reservoir restriction, the reason for the restriction, and any actions, planned or completed, that the dam owner reports to address the restriction. The bill, if no reservoir restrictions are in effect, would require the department to post this fact on its Internet Web site.

Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law authorizes the department to impose reservoir restrictions and to levy property liens on an owner of a dam who fails to comply with certain provisions relating to dam safety or any approval, order, rule, regulation, or requirement of the department.

This bill would require the department to post, and update annually, on its Internet Web site a report containing the name of each reservoir subject to a restriction and the reservoirs associated downstream hazard potential classification, the effective date of the reservoir restriction, the reason for the restriction, and any actions, planned or completed, that the dam owner reports to address the restriction. The bill, if no reservoir restrictions are in effect, would require the department to post this fact on its Internet Web site.

Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law authorizes the department to impose reservoir restrictions and to levy property liens on an owner of a dam who fails to comply with certain provisions relating to dam safety or any approval, order, rule, regulation, or requirement of the department.

This bill would require the department to post, and update quarterly, annually, on its Internet Web site a report containing the name of each reservoir subject to a restriction and the reservoirs associated downstream hazard potential classification, the effective date of the reservoir restriction, the reason for the restriction, and actions that would allow the restriction to be removed. any actions, planned or completed, that the dam owner reports to address the restriction. The bill, if no reservoir restrictions are in effect, would require the department to post this fact on its Internet Web site.

Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law authorizes the department to impose reservoir restrictions and to levy property liens on an owner of a dam who fails to comply with certain provisions relating to dam safety or any approval, order, rule, regulation, or requirement of the department.

This bill would require the department to post, and update quarterly, on its Internet Web site a report containing the name of each reservoir subject to a restriction, restriction and the reservoirs associated downstream hazard potential classification, the effective date of the reservoir restriction, the reason for the restriction, and actions that would allow the restriction to be removed. The bill, if no reservoir restrictions are in effect, would require the department to post this fact on its Internet Web site.

Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Existing law authorizes the department to impose reservoir restrictions and to levy property liens on an owner of a dam who fails to comply with certain provisions relating to dam safety or any approval, order, rule, regulation, or requirement of the department.

This bill would require the department to post, and update quarterly, on its Internet Web site a report containing the name of each reservoir subject to a restriction, the effective date of the reservoir restriction, the reason for the restriction, and actions that would allow the restriction to be removed. The bill, if no reservoir restrictions are in effect, would require the department to post this fact on its Internet Web site.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2516

Author:(Eggman)

As Amended Ver:August 6, 2018

Majority vote

Original Committee Reference: W., P., & W.

SUMMARY: Requires the Department of Water Resources (DWR) to post certain information related to reservoir restrictions. Specifically, this bill:

1. Requires the DWR to post, and update annually, on its website, the following information related to restricted levels of water in reservoirs:
   1. The name of the reservoir;
   2. Effective date of the reservoir restriction;
   3. Reason for the restriction; and
   4. Actions, including those planned or completed, to address the restriction
2. Requires the DWR to list reservoirs that are not subject to restriction.

The Senate amendments require the department to post annually, rather than quarterly, relevant information regarding reservoir restrictions on its Internet site. Clarify that information posted related to the reason for a restriction to be removed would include any planned or completed actions related to the restriction. Other amendments are technical in nature.

EXISTING LAW:

1. Establishes the Division of Dam Safety (DODS) within the DWR, and authorizes the DODS, among other authorities, to restrict the amount of water held behind dams under certain circumstances.
2. Requires, the DWR, as of July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.
3. Requires the DWR to inspect dams, reservoirs, and critical appurtenant structures within its jurisdiction once per fiscal year with the exception of low hazard potential dams which shall receive inspections, at a minimum, every two fiscal years.
4. Requires dam owners to disclose information sufficient to enable the DWR to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner's expense, other work necessary to secure maintenance and operation that will safeguard life and property.
5. Requires the inspection to include, but are not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam's spillway, and the dam's outlet works. The inspection is to also evaluate seepage conditions and available instrumentation and geological data, as applicable.
6. Establishes that dam inspection reports are public records subject to the California Public Records Act. Allows the DWR to withhold from public release sensitive data, images, or other information, as prescribed, if the department includes in the public release a statement of findings that the withheld information would disclose a dam's vulnerability or pose a security threat.

FISCAL EFFECT: According to the Assembly Appropriations Committee, DWR costs are absorbable.

Background: Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams. Recent legislation (outlined below) place further restrictions on dams should they not meet DODS criteria during inspections. One of the options available to the DWR, should a dam fail any of the safety inspections, is to restrict the level of water behind the dam or appurtenant structure. This reduces the potential downstream danger from failure, and should mitigate possible inundation scenarios, until the dam or feature is repaired. The determination of the level of water allowable would be considered in coordination with the existing information required to be provided by dam owners.

There are 1,250 dams in California subject to the program and that are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and low hazard (289). Two dams are under review for classification.

Flood Conditions in 2017. The heavy rainstorms in 2017 mostly ended the five-year drought in Northern California. Much of the Sierra Nevada saw its rainiest and snowiest October-February period on record. The heavy precipitation has caused flooding, levee breaks, and sinkholes throughout the state. Snowpack has been measured at over 160% of normal water content. Even after the rains stops, the record high snowpack in the mountains generated highflows in the summer in many parts of the state.

Emergency Action Plans (EAPs) and Inundation Maps. Current law requires dam owners to provide EAPS, and inundation maps. The EAPs are a critical component of a strong dam safety program. The plans outline the steps that are taken to protect life and property. They include components of detection measures through inspections and maintenance, determinations of emergency levels based upon the threat of flooding, notification protocols for local government and the public, and other preventive measures dam owners/operators can take. The emergency plans utilize dam inundation mapping to guide actions and notification protocols since they show the potential area of flooding and its impacts.

Inundation maps which provide the basis for Emergency Action Plans, are maps that show where flooding may occur should a flood control system fail. The inundation map includes downstream effects and shows the probable path by water released due to the failure of a dam or from abnormal flood flows released through a dam's spillway and/or other appurtenant works.

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096 FN: 0004159

 THIRD READING  

Bill No: AB 2516

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/12/18

AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/13/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Wiener

NO VOTE RECORDED: Nielsen

ASSEMBLY FLOOR: 74-0, 4/26/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Department of Water Resources (DWR) to publish a report annually on its Web site relating to any reservoirs in the state with restrictions due to dam safety.

ANALYSIS:

Existing law:

1. Gives DWR jurisdiction over any dam not wholly under the control of the federal government.
2. Defines “dam” as any artificial barrier, which does or may impound or divert water, and which either:
   1. Is or will be 25 feet or more in height, or
   2. Has or will have an impounding capacity of 50 acre-feet or more.
3. Requires DWR, under the police power of the state, to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part.
4. Requires DWR, in determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, to take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which exist or which might occur in any area in the vicinity of the dam or reservoir. Whenever the DWR deems that any such condition endangers a dam or reservoir, it shall order the owner to take such action as the DWR determines to be necessary to remove the resultant danger to life and property.
5. Authorizes DWR to impose reservoir restrictions and levy property liens on any an owner of a dam who fails to comply with any of the provisions of this part or any approval, order, rule, regulation, or requirement of the DWR.

This bill requires DWR to post, and update annually, on its Internet Web site a report containing all of the following:

1. The name of each reservoir subject to a restriction.
2. The effective date of the reservoir restriction.
3. The reason for the restriction.
4. Actions that would allow the restriction to be removed.
5. If no reservoir restrictions are in effect, DWR shall post this fact on its Internet Web site.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill would result in $70,000 in staff time for DWR to create and update the report.

SUPPORT: (Verified 8/13/18)

None received

OPPOSITION: (Verified 8/13/18)

None received

ARGUMENTS IN SUPPORT: According to the author, “Reports required by this bill will highlight existing restrictions and focus on enhancing dam safety. Dam owners will be held publicly accountable. This approach will encourage them to take prompt corrective actions.”

ASSEMBLY FLOOR: 74-0, 4/26/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Fong, Cristina Garcia, Rodriguez

Prepared by:

8/14/18 14:51:39

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2516 (Eggman) - Dams: reservoir restrictions

This bill does not meet the criteria for referral to the Suspense File.

Bill Summary:

This bill would require the Department of Water resources (DWR) to publish a report annually on its website relating to any reservoirs in the state with restrictions due to dam safety.

Fiscal Impact:

This bill would result in $70,000 in staff time for DWR to create and update the report.

Background:

DWR has jurisdiction over any dam not wholly under the control of the federal government, and is required to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part.

Proposed Law:

This bill would require DWR to post, and update annually, on its Internet Web site a report containing all of the following:

1. The name of each reservoir subject to a restriction.
2. The effective date of the reservoir restriction.
3. The reason for the restriction.
4. Actions that would allow the restriction to be removed.
5. If no reservoir restrictions are in effect, the department shall post this fact on its Internet Web site.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB 2516 Hearing Date: June 12, 2018

Subject: Dams: reservoir restrictions

BACKGROUND AND EXISTING LAW

Under existing law:

1. The Department of Water Resources (DWR) has jurisdiction over any dam not wholly under the control of the federal government.
2. “Dam” means any artificial barrier, which does or may impound or divert water, and which either:
   1. Is or will be 25 feet or more in height, or
   2. Has or will have an impounding capacity of 50 acre-feet or more.
3. DWR, under the police power of the state, is required to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part.
4. DWR, in determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, is required to take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which exist or which might occur in any area in the vicinity of the dam or reservoir. Whenever the department deems that any such condition endangers a dam or reservoir, it shall order the owner to take such action as the department determines to be necessary to remove the resultant danger to life and property.
5. DWR is authorized to impose reservoir restrictions and levy property liens on any an owner of a dam who fails to comply with any of the provisions of this part or any approval, order, rule, regulation, or requirement of the department.

PROPOSED LAW

This bill would require DWR to post, and update quarterly, on its Internet Web site a report containing all of the following:

1. The name of each reservoir subject to a restriction.
2. The effective date of the reservoir restriction.
3. The reason for the restriction.
4. Actions that would allow the restriction to be removed.
5. If no reservoir restrictions are in effect, the department shall post this fact on its Internet Web site.

ARGUMENTS IN SUPPORT

According to the author, “Reports required by this bill will highlight existing restrictions and focus on enhancing dam safety. Dam owners will be held publicly accountable. This approach will encourage them to take prompt corrective actions.”

ARGUMENTS IN OPPOSITION

The Association of California Water Agencies (ACWA) writes, “Currently, DWR’s Division of Safety of Dams provides oversight to approximately 1200 jurisdictional dams in California, including both largescale dams and small weirs. ACWA respectfully request language be added to the bill that would remove small weir data from being shared on the DWR website on a quarterly basis. Collecting data on a routine basis and making it publicly available could be a time and resource-intense task for DWR to undertake. Since weirs are in-stream structures that do not typically possess a high level of public risk, the removal of small weir data from being publicly posted is a reasonable request that could additionally result in both cost and time savings for DWR staff when collecting information quarterly. For these reasons, ACWA opposes AB 2516, unless it is further amended.”

COMMENTS

Weirs Are Dams. Weirs are not defined in statute. However, according to Merriam-Webster Dictionary, weirs are “a dam in a stream or river to raise the water level or divert its flow.” Other dictionaries have similar definitions.

DWR Does Not Collect Dam Safety Information Specific To Weirs. DWR does collect information on the following:

• Dam identification numbers (both state and National ID)
• Dam name
• Owner information
• Dam height, crest length, and reservoir capacity
• Dam construction type
• Certified status
• Downstream hazard rating
• Condition assessment
• Reservoir restrictions

Unless the word “weir” is in the dam’s name, DWR would not know if the dam was a weir.

Downstream Hazard Rating. The downstream hazard rating is an indicator of how much damage might occur if a dam were to fail. It is based solely on downstream hazard potential, not the condition of the dam. It might make sense to require DWR to include the downstream hazard potential as a part of the report required by this bill. (See suggested amendment)

Criteria for DSOD’s Downstream Hazard Potential Classification

Effective July 1, 2017

SUGGESTED AMENDMENT:

On page 2, line 10, delete the period and insert:

“ and its associated downstream hazard potential classification.”

SUPPORT

None Received

OPPOSITION

Association of California Water Agencies

-- END --

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2516

Author:(Eggman) – As Introduced Ver:February 14, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Water Resources (DWR) to post and quarterly update a report containing the following information relating to reservoir restrictions on its internet website:

1. The name of each reservoir subject to the restriction;
2. The effective date of the reservoir restriction;
3. The reason for the restriction; and
4. Actions to allow the restriction to be removed.

Additionally, this bill requires DWR to post if no reservoir restrictions are in effect.

FISCAL EFFECT:

DWR costs are absorbable.

COMMENTS:

1. Purpose. This bill requires DWR to publicly post information regarding the restriction of water levels in certain reservoirs. According to the author, “Reports required by this bill will highlight existing restrictions and focus on dam safety. Dam owners will be held publically accountable. This will encourage them to take prompt corrective actions.”
2. Background. DWR maintains a dam safety program that includes oversight of public and private dams. DWR oversight includes annual maintenance inspections, construction oversight, application reviews, and the re-evaluation of existing dams.

DWR may place restrictions on dams if they fail to meet the Division of Dam Safety (DODS) criteria during inspections. One of the options available to DWR, should a dam fail any of the safety inspections, is to restrict the level of water behind the dam or appurtenant structure. This reduces the potential downstream danger from failure and mitigates possible inundation scenarios, until the dam or feature is repaired. The determination of the level of water allowable is considered in coordination with the existing information required to be provided by dam owners.

There are 1,250 dams in California subject to the program that are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and low hazard (289). Two dams are currently under review for classification.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 2516 (

Author:Eggman) – As Introduced Ver:February 14, 2018

SUBJECT: Dams: reservoir restrictions

SUMMARY: Requires the Department of Water Resources (DWR) to post certain information related to reservoir restrictions. Specifically, this bill:

1. Requires the DWR to post, and update quarterly, on its website, the following information related to restricted levels of water in reservoirs:
   1. The name of the reservoir;
   2. Effective date of the reservoir restriction;
   3. Reason for the restriction; and
   4. Actions to allow the restriction to be removed.
2. Requires the DWR to list reservoirs that are not subject to restriction.

EXISTING LAW:

1. Establishes the Division of Dam Safety (DODS) within the DWR, and authorizes the DODS, among other authorities, to restrict the amount of water held behind dams under certain circumstances.
2. Requires, the DWR, as of July 1, 2017, to classify the public safety risk of all state jurisdictional dams and to revise the classification of a dam to reflect changes in downstream population, critical infrastructure, and land use.
3. Requires the DWR to inspect dams, reservoirs, and critical appurtenant structures within its jurisdiction once per fiscal year with the exception of low hazard potential dams which shall receive inspections, at a minimum, every two fiscal years.
4. Requires dam owners to disclose information sufficient to enable the DWR to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property.
5. Requires the inspection to include, but are not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection is to also evaluate seepage conditions and available instrumentation and geological data, as applicable.
6. Establishes that dam inspection reports are public records subject to the California Public Records Act. Allows the DWR to withhold from public release sensitive data, images, or other information, as prescribed, if the department includes in the public release a statement of findings that the withheld information would disclose a dam’s vulnerability or pose a security threat.

FISCAL EFFECT: Unknown

COMMENTS: This bill would require the DWR to publicly post information regarding the restriction of water levels in certain reservoirs. This bill seeks to add public disclosure information to a package of dam safety bills passed in 2018 (outlined below), following the Oroville Dam disaster.

Author’s Statement:

Reports required by this bill will highlight existing restrictions and focus on enhancing dam safety. Dam owners will be held publically accountable. This approach will encourage them to take prompt corrective actions.

Background: Dam Safety Program. The DWR maintains a dam safety program that includes oversight of public and private dams. They include annual maintenance inspections, construction oversight, application reviews, and re-evaluation of existing dams. Recent legislation (outlined below) place further restrictions on dams should they not meet DODS criteria during inspections. One of the options available to the DWR, should a dam fail any of the safety inspections, is to restrict the level of water behind the dam or appurtenant structure. This reduces the potential downstream danger from failure, and should mitigate possible inundation scenarios, until the dam or feature is repaired. The determination of the level of water allowable would be considered in coordination with the existing information required to be provided by dam owners.

There are 1,250 dams in California subject to the program and that are inspected annually. These dams are currently classified in three categories consistent with federal definitions: high hazard (678); significant hazard (271); and low hazard (289). Two dams are under review for classification.

Flood Conditions in 2017. The heavy rainstorms in 2017 mostly ended the five-year drought in Northern California. Much of the Sierra Nevada saw its rainiest and snowiest October-February period on record. The heavy precipitation has caused flooding, levee breaks, and sinkholes throughout the state. Snowpack has been measured at over 160% of normal water content. Even after the rains stops, the record high snowpack in the mountains generated highflows in the summer in many parts of the state.

Oroville Dam Disaster. On February 7, 2017, with heavy rains and runoff impacting reservoir levels at Oroville Reservoir, the DWR increased flows through its main spillway to 54,500 cubic feet per second (cfs). A large amount of debris was found coming out of the spillway, and after shutting down the spillway, authorities discovered a massive break in the spillway. As inflows increased, the lake reached capacity at 901 feet and water began flowing over the emergency spillway for the first time in history. Erosion progressed rapidly up the hillside on the emergency spillway, and on February 12, 188,000 people in towns downstream were evacuated due to the possibility of a failure of the emergency spillway.

The DWR then increased flows over the broken main spillway to 100,000 cfs with continued heavy inflows. Water levels decreased, and on February 14, residents were allowed to return to their homes. Over the next few months, the DWR primarily used the broken main spillway to lower lake levels. Periodic shutdowns were required in order to clear debris from the base of the dam which was impacting the ability to release water through the main hydropower plant at the base of the dam itself.

The DWR, in April 2017, sought bids to repair the main spillway over a two-year period, shored up the emergency spillway, and brought the main hydropower plant back online. As of January 2018, phase one of the construction repair has been completed in time for the rainy season. The repair project is on track to be complete by December 2018.

Following the disaster, the Legislature held extensive hearings on the dam failure, and passed a series of bills intended to increase dam safety and public information related to dam failures.

Emergency Action Plans (EAPs) and Inundation Maps. Current law requires dam owners to provide EAPS, and inundation maps. The EAPs are a critical component of a strong dam safety program. The plans outline the steps that are taken to protect life and property. They include components of detection measures through inspections and maintenance, determinations of emergency levels based upon the threat of flooding, notification protocols for local government and the public, and other preventive measures dam owners/operators can take. The emergency plans utilize dam inundation mapping to guide actions and notification protocols since they show the potential area of flooding and its impacts.

Inundation maps which provide the basis for Emergency Action Plans, are maps that show where flooding may occur should a flood control system fail. The inundation map includes downstream effects and shows the probable path by water released due to the failure of a dam or from abnormal flood flows released through a dam's spillway and/or other appurtenant works.

Related Legislation:

SB 92 (Committee on Budget), Chapter 26, Statutes of 2017 and AB 1270 (Gallagher), Chapter 3, Statues of 2018. These bills, among other things, and after extensive hearings on dam safety, including a May 11, 2017, joint hearing on the Oroville Dam disaster with Assembly Budget Subcommittee No. 3, Water, Parks and Wildlife Committee, and the Accountability and Administrative Review Committee, were passed and signed by the Governor, in part in response to the issues raised in that hearing.

SB 92, among other things:

1. Requires the DWR to complete a reconnaissance of the geologic, hydraulic, hydrological, and structural adequacy of the identified 108 largest spillways in the state by October 1, 2017. By January 1, 2018, the DWR shall complete a thorough site investigation and evaluation of those spillways that are found to be potentially at risk. Immediate action such as emergency repairs or reservoir operation restrictions will be required of dam owners as necessary to reduce the risk of any spillway identified to be in poor condition as a result of the study. The DWR shall complete evaluations of the remaining spillways by January 1, 2019, and direct dam owners to make required repairs or restrict reservoir operations as needed.
2. Proposes the DWR re-classify jurisdictional dams as extremely high-, high-, significant- or low- risk. The DWR will require inundation maps and Emergency Action Plans for all jurisdictional dams allowing a waiver for low hazard dams. During regular inspections, the DWR will track any dams where the hazard classification has changed and reassess the waiver as necessary.
3. Requires the DWR to identify which scenarios beyond a complete dam failure require a separate inundation map. The dam owner will create the inundation map and submit the map to the DWR, which then will be reviewed and approved by the DWR's Division of Flood Management. The approved maps will then be posted publicly on DWR's website and linked to the California Office of Emergency Services (Cal OES) website.
4. Dam owners will be responsible for creating Emergency Action Plans in accordance with federal guidelines and based on their updated inundation maps. The Cal OES will provide guidelines regarding the coordination between dam owners and local emergency management agencies to create local emergency response plans. Dam owners will submit the plans through the DWR, who will work with Cal OES to review and confirm that plan components are acceptable for incorporation into, and to guide, local emergency response plans.

The dam owner will send the final Emergency Action Plans and inundation map to the DWR, Cal OES and local emergency management agencies. The Cal OES will coordinate emergency response drills with dam owners and local emergency management agencies. The dam owner will be required to update the Emergency Action Plans regularly in accordance with federal guidelines and update the inundation maps every 10 years or sooner if there is a change in dam status or change in downstream risk.

1. Provides the DWR additional enforcement power over dam owners who are not complying with the new emergency plan/inundation maps requirements. The trailer bill also revises the Water Code to incorporate penalties such as fines and reservoir operation restrictions when dam owners violate the DWR's directives and orders.

AB 1270, among other things:

1. Repeals provisions related to dam safety and inspection, and instead would require the DWR to inspect dams, reservoirs, and appurtenant structures within its jurisdiction every fiscal year if the facility is classified as significant, high, or extremely high hazard, and every two fiscal years if the facility is classified as low hazard. Inspections must include visual inspection as well as review of geologic data, evaluation of seepage, among others.
2. Requires annual operation of critical outlet and spillway control features, and demonstration of the operability of these features in the presence of the DWR every three years or as directed by the DWR.
3. Provides that the dam inspection reports are public records subject to the California Public Records Act and would authorize the DWR to withhold from public release certain sensitive data related to certain security threats.
4. Requires the DWR, in consultation with independent, national dam safety and dam safety risk management organizations to, on or before January 1, 2019, and every 10 years thereafter, propose amendments to its existing dam safety protocols to incorporate updated best practices, including risk management, to ensure public safety. This information would be required to be placed on the DWR Internet Web site.
5. Requires the DWR to report to the Governor and the Legislature on amendments developed pursuant to these provisions.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Catherine Freeman / W., P., & W. / (916) 319-2096